The clarion., 1887-03-16
l.. B. MOODY, J
j. NJ. HosKINs. J

Appeal from the Chancery Court of
Lincoln county. Hon. LAUGH Me-
Laurin, Chancellor.
| A. @. McNair, for the appellant.
H. Cassidy, for the appellee.
The appellant, Moody, exhibited his
bill in this case within less than one
year of his coming Of age to redeem
certain land inherited at the death of
| his father in 1868 by himself and his
| two brothers, the oldest of which heirs
having come of age and died in this
State intestate, preceding the filing of
this bill, and the youngest, still under
age, having conveyed his interest in
common in the land to complainant.
The bill was exhibited September IA.
1886. A demurrer was sustained to the
bill, claiming that there was no equity
on the face of the bill and that there is
no law authorizing the redemption of
the lands even though the facts be as
stated in the bill.
TIE single question involved is whether
the Legislature has the right to abrogste
the right of redemption.
CAMPBELL, j., delivered the opinion of
the Court.
On the Sd Of January, 1876, when the
land was sold for taxes, and purchased
by the State, it belonged to infants.
who by the statute then in force, Code
of 1871, Z 1701, had 'ihe right to redeem
the same within one year after attaining
full age, on the terms prescribed by
that section. On the 18th of April. |
1876, by Gan act in relation to public
revenue and for other purposes" Acts |
p. l29, that part of the Code of 1871 |
was repealed, and all lands held by the |
State for taxes were declared subject to |
purchase, as provided by that act, by |
which the State proposed to convey an |
absolute title to the purchaser from it. |
The land was purchased from the State |
in December, 1878, in pursuance of this |
act, and is now held by the appellee, |
who denies the right of the infants to |
redeem, as provided by the Code of |
1871, and claims title free from the |
right of redemption.
This presents the question, Can the |
Legislature, after a sale for taxes under |
law which secures to the owner the |
right to redeem the land, take away and |
destroy this right?
We answer in the negative. To admit |
eutH n IlS Ut IL W EOHC6u6 Lue power TO |
transfer valuable rights from one to /
another by the easy process of legisla-
tive declaration. By its purchase of |
this land, on the Sd of January, 1876, |
the State acquired not al absolute title |
but a conditional or contingent one. |
which was liable to be defeated and /
divested by the redemption of the land /
as prescribed. By the act of 10Th of |
April, 1876, this right of redemption
was destroyed, by enacting that the
title of the State before that conditional
and contingent should be absolute and
unconditional, and held free from any
right of redemption. This is not legis-
lation but confscation, and is beyond
the power of the Legislature. The right
of redemption, as secured by the law in
force when the sale was made to the
State, was not affected by the act of
April Is, 1876, and the purchaser from
the State took the land subject to this
right.
Decree reversed, demurrer overruled
and cause remanded with leave to plead
Or answer in thirty days after the man
date herein shall be filed in the chane
court.